In another victory for Parliamentary sovereignty, a panel of judges in Scotland’s highest court allowed that the question of whether an Article 50 notification is revocable should be heard in a Scottish court.

In handing down the ruling, the Lord President (Lord Carloway) of Scotland’s Appeal Court (Inner House of the Court of Session) said that the petitioners (a cross-party group of MPs, MSPs and MEPs were right to argue that the UK Parliament is sovereign.

The Opinion of the Court says:

“The issue of whether it is legally possible to revoke the notice of withdrawal is, as already stated, one of great importance.”

It goes on to say “On one view, authoritative guidance on whether it is legally possible to do so may have the capacity to influence Members of Parliament in deciding what steps to take in advance of, and at the time of, a debate and vote on the European Union (Withdrawal) Bill.”

and

“After all, if parliament is to be regarded as sovereign, the government’s position on the legality of revoking the notice may not be decisive.”

The Decision of the Inner Court is to send the petition back to the Outer House of the Court of Session to be heard.

The arguments being made in the Outer House hearing will be heavily influenced by those in the “Three Knight’s Opinion” which we commissioned and published a year ago. Obviously we will be following the hearing very closely and, if it would assist, will provide our support and help.

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